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Then again urban, you will not bother to read, will you? Just make a excuse or a joke and move on..right?
Furthermore the term "living breath document" is a just a term for judicial activism....
Then why did George Washington call the Constitution a "living Constitution?" Any new amendment is considered a change to the Constitution, thus making it a "living Constitution."
But the interpretation of us constitution does change with time. There was a time for instance when the constitution was thought to apply only to white Americans while nowadays we believe it applies to all Americans, regardless of their skin color.
Then why did George Washington call the Constitution a "living Constitution?" Any new amendment is considered a change to the Constitution, thus making it a "living Constitution."
Yes, the Constitution is properly a living document through amendments. It is not properly a living document through legislation from the bench.
But the interpretation of us constitution does change with time. There was a time for instance when the constitution was thought to apply only to white Americans while nowadays we believe it applies to all Americans, regardless of their skin color.
Yes, done with an amendment, not some law they had no business composing.
Why? There is no entry in the constitution that excludes blacks or women from its protection. It's not the constitution that changed but its interpretation over time. Constitution is a living document and it's interpretation changes over time to stay relevant in everchanging reality and political context.
Yes there are. There are two amendments that set the record straight. One, so Negros where whole and not partial count. 2nd, allowing women to vote.
But the interpretation of us constitution does change with time. There was a time for instance when the constitution was thought to apply only to white Americans while nowadays we believe it applies to all Americans, regardless of their skin color.
You are correct, the Constitution does apply to all Americans regardless of skin color, but not simply because "we believe" it to apply regardless of skin color, or because we've chosen to interpret what was already there differently, it's because of the passing and ratifying of the 14th Amendment.
The interpretation however, did not change one bit.
Last edited by WhipperSnapper 88; 04-06-2014 at 08:44 PM..
The Constitution is indeed an open document in that it does not directly address everything and instead sets broad guidelines which are open to interpretation based on the set of circumstances that implicate them. Simply put the Constitution is not a set of statutes. That is the point of giving Congress powers instead of trying to draft all the laws and putting them into the Constitution en masse.
The fact is the founders anticipated that the ambiguities in the constitution, many of them were lawyers after all and they all pretty much agreed that they would create a framework for government and legislation not try to directly micromanage the Congresses of the future who would be dealing with issues they knew they might not be able to contemplate. These ambiguities are the reason for article 3 section 2 and federal courts, thus why cases involving statutes and the constitution are frequently referred to as federal questions.
Again the idea that the Constitution has only one fixed possible meaning in regards to every situation is fantasy adhered to only by people who don't do well with ambiguity. Thus the reason we have federal courts in the first place, namely that we need some group of people to address these ambiguities and to pick set meanings when arguments arise.
Well you are wrong for the following reasons, it outlines power give to the Federal Government(given, not inherent in, or the property of but given by the States) by the States, and is quite clear what those powers are in Article 1 Section 8, as they are the following..
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Any and all power not found here are therefor the powers of the States found in the 10th Amendment which reads as the following..
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
And is bolstered by the 9th Amendment which reads as the following...
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Now since the the 16th Amendment was passed
(or not, I mean it is very very sketchy to say the least..
But then again the Federal Government has never, does not, and never lies about things to gain a supply of wealth, right? yet I digress)
The Federal Government has had a massive, nearly limitless supply of (our) money to do with what ever they want under the verge "general welfare clause"
Factor in the results of the Supreme Court making one of its most epic mistakes of all time(second only United States v Miller, and seizing self ultimate power for itself in Madison V Marbury) in Wickard v. Filburn in which the Supreme Court said the Commence Clause gave the Congress the right to regulate every it wanted since everything was commence.
Only one problem with this...that is not what the text means..
The Commerce Clause reads as the following
[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes;
The Founders meant this a protectionist mechanism to prevent goods coming from one state from being blocked or taxes coming to or through another state, not allowing a bunch of fools or crooks in Washington DC tell you what can of light bulb you should have, how much water you toilet should you use, and sure as hell how much of your money you should be allowed to keep, how high the taxes will be on your property that you already own free and clear of any mortgage, loan, or bank, or what you are to put into your body, or with what tool you my use to defend your body, property, or wealth with...
See with a few small actions a great deal of power has been amassed to the Federal Government that has allowed them to control almost every action of our lives..
IN THE NAME OF HEALTH, THEY TAKE OUR FREEDOMS! IN THE NAME OF "SAFETY", THEY TAKE OUR FREEDOM! IN THE NAME OF SECURITY, THEY TAKE OUR FREEDOM! IN THE NAME OF COMPASSION, THEY TAKE OUR FREEDOM! IN THE NAME OF FAIRNESS, THEY TAKE OUT FREEDOM! IN THE NAME OF JOBS, THEY TAKE OUT FREEDOM, IN THE NAME OF THE "NATURAL" ENVIRONMENT, THEY TAKE OUR FREEDOMS! IN THE NAME OF PROGRESS THEY TAKE OUR FREEDOM! ON THE NAME OF OUR CHILDREN, THEY TAKE OUR FREEDOM! MY GOD IN THE NAME OF FREEDOM, THEY TAKE OUR FREEDOM! IN THE NAME OF ALL THAT IS GOOD WITH THE HUMAN SPIRIT, THIS GOVERNMENT ENCOURAGES ITS CITIZENS TO VOTE THEMSELVES INTO A ORWELLIAN BOX THAT NEITHER FOSTERS THAT GOODNESS NOR ENCOURAGES IT-IT MERELY COMPELS IT IN ORDER TO GAIN MORE AND MORE POWER IN THE EYES OF THE PUBLIC CLAIM THEIR NEW PROGRAM WILL END POVERTY OR THEIR NEW BILL WILL REDUCE CRIME, BUT EVERY SO OFTEN WE CAN HEAR THEM NEAR IN AN OPEN MIC, OR SEE THEIR ACTIONS AND DEEDS AND REALIZE THEY HAVE NOTHING BUT CONTEMPT AND MALICE TOWARDS FREEDOM AND THE BLESSINGS PRODUCED AND SECURED IN LIBERTY ILLUMINATION.
THE FUTURE IS ANYTHING WE WANT IT TO BE...AFTER SEE HOW FAR WE HAVE FALLEN IN THE LAST 101 YEARS... WE CAN SIT BACK, FALL INTO THE COMMON STATE THAT ALL OF MANKIND HAS EVER KNOW POVERTY, DEPENDENT, AND ENSLAVEMENT TO A SMALL RULING CLASS USING FORCE OR THE THREAT OF ITS USE AGAINST A DISARMED UNEDUCATED, DEPENDENT POPULACE AND ALL WHO DARE TO BE FREE, OR WE CAN RESTORE THE REPUBLIC, AND AMERICA`S PROMISE AS BEING THE CAUSE OF ALL MANKIND FREEDOM AND LIBERTY IN THE TRUEST SENSE.
RIGHT VS WRONG
WEALTH VS DEBT
PROSPERITY VS POVERTY
SELF RESILIENCE VS DEPENDENCE
FREEDOM VS ENSLAVEMENT
LIBERTY VS TYRANNY
YOUR CHOICE WILL ECHO ACROSS THE HALLS OF HISTORY FOR ALL OF TIME
Why? There is no entry in the constitution that excludes blacks or women from its protection. It's not the constitution that changed but its interpretation over time. Constitution is a living document and it's interpretation changes over time to stay relevant in everchanging reality and political context.
Blacks in those days were not considered citizens, and the Constitution protected only citizens. In those days, only white people were considered citizens. The passing of the 14th Amendment granted anyone born here citizenship... and that includes slaves that had been recently freed by the 13th amendment, and all future black people born here.
Likewise, a woman's right to vote was protected by the passing of the 19th Amendment....
So, our interpretation of the existing Constitution never changed, Amendments were passed.
Ok. So voltage in electric outlets. I don't remember the constitutional ever talking about 110V ? Dies that mean 110V is unconstitutional? What about NTSC ?
Is there anything in the Constitution that prohibits 110V?
Then I think you have your answer.
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